Oklahoma Gun Laws

Wednesday, April 12, 2017

STATE CONSTITUTIONAL PROVISION - Article 2, Section 26.

“The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall never be prohibited, but nothing herein contained shall prevent the legislature from regulating the carrying of weapons.”

Gun Laws Overview

RIFLES & SHOTGUNS

HANDGUNS

Permit to Purchase

No

No

Registration of Firearms

No

No

Licensing of Owners

No

No

Permit to Carry

No

Yes

The list and map below are included as a tool to assist you in validating your information. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to frequent change. The information is not intended as legal advice or a restatement of law and does not include: restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.

It is unlawful to sell or give any firearm to any person under 18 years of age, except a rifle or shotgun given by a parent to a child for education, hunting, or sport. It is unlawful for any parent or guardian to permit his or her child to possess any firearm if aware of a substantial risk that the child will use the weapon in a crime or if the child has been adjudicated a delinquent or convicted as an adult of any criminal offense.

It is unlawful for any person to knowingly furnish any firearm to any person who is a felon, a delinquent, under the influence of alcohol or drugs, or is mentally or emotionally unbalanced or disturbed.

It is unlawful for any person under 18 years of age to possess any weapon, except rifles or shotguns used in education, hunting, or sport. Any firearm confiscated from a person under 18 by law enforcement upon arrest or detainment is subject to forfeiture.

It is unlawful for a felon to possess any firearm or to have a firearm in any vehicle. This same prohibition applies to anyone adjudicated a delinquent child for an offense which would have constituted a felony if committed by an adult, for ten years after such adjudication.

It is unlawful for any person under the supervision of the Department of Corrections to possess or control a firearm, or have one in any vehicle or residence It is unlawful for any unauthorized person to possess a firearm on any school property or vehicle, except for education, hunting, or sport, and those firearms legally carried in a vehicle, provided the vehicle transports a student to or from school and does not remain on school property.

It is unlawful for any person, except for a peace officer on duty, to carry a firearm upon or about his or her person or in any container, except for purposes of hunting, fishing, educational or recreational uses, for “living history reenactment,” or pursuant to a valid Concealed Carry License (“CCL”).

A person is permitted to carry firearms open and not concealed when on his or her own private property, or hunting, during safety class, target shooting, for a military function, for a police function, or for entertainment events or historical reenactments.

A person is permitted to carry unloaded firearms open and not concealed when going to or from the person’s private residence or vehicle, or to a gun shop, gun show, or hunting, target shooting, or other sporting activity.

A person may transport an unloaded firearm openly in a motor vehicle at any time. It is unlawful to carry a loaded firearm in a vehicle, though there are some exceptions for firearms carried by those with a CCL.

It is unlawful for any person other than the owner, proprietor, or a peace officer to possess a firearm in any establishment where alcoholic beverages are consumed. A person with a valid CCL may carry a firearm onto premises where alcohol is sold, provided that the sale of alcohol is not the primary business.

It is unlawful to carry a firearm for the purpose of unlawfully injuring another person.

It is unlawful to carry or use firearms while under the influence of alcohol, any un-prescribed drug, or any prescribed drug that could cause abnormal behavior.

The Oklahoma State Bureau of Investigation (“OSBI”) is authorized to issue a CCL.

An applicant for a CCL must be a U.S. citizen, an Oklahoma resident, at least 21 years old, have completed a firearms safety and training course and submit proof of competency and qualification (or provide an exemption certificate from a certified gun safety instructor), and submit all other necessary documents and fees.

Disqualifications for eligibility for a CCL are:

any felony conviction or adjudication as a delinquent,

adjudication as a mentally incompetent person; any involuntary commitment for mental illness, condition, or disorder,

any false or misleading statement on the application for a handgun license,

conviction of any of the following misdemeanor offenses in any state: assault and battery causing serious physical injury, aggravated assault and battery, or a second assault and battery conviction, stalking, a violation relating to a protection from domestic abuse law, illegal drug use or possession,

any attempted suicide or other condition relating to or indicating mental instability,

current treatment for a mental illness,

habitual misdemeanor criminal activity, or

an outstanding felony warrant.

The following are disqualifications for a period of three years:

subject to the provisions of a deferred sentence or deferred prosecution for a felony offense,

treatment for a mental illness, condition or disorder which required medication or supervision,

inpatient treatment for substance abuse,

two or more convictions of public intoxication,

two or more misdemeanor convictions relating to intoxication or driving under the influence, or

arrest for an alleged commission of, a charge pending for, or subject to the provisions of a deferred sentence or deferred prosecution for any one or more of the following misdemeanor offenses: any assault and battery which caused serious physical injury, any second or subsequent assault and battery, any aggravated assault and battery, stalking, any violation of a protection from domestic abuse law, or any violation relating to illegal drug use or possession.

Additional temporary disqualifications:

a felony charge pending disqualifies until the final determination of the matter,

any victim protection order disqualifies for three years from the date of entry of the order or sixty days from the date an order was vacated, canceled, or withdrawn, and

a delinquent or felon residing in the residence of the applicant disqualifies for thirty days from the date the person no longer resides with the applicant.

Applications are available from the county sheriff or by mail from the Oklahoma State Bureau of Investigation. The application must be made under oath, and signed in person before the sheriff of the county where applicant resides. A non-refundable fee of $100.00 for a five-year license, or $200 for a ten-year license, two passport-sized photographs, and the original certificate of training or exemption certificate must also be submitted. The applicant must show a valid photo ID. The sheriff will take two complete sets of fingerprints, charging the applicant no more than $25.00. The sheriff will make a preliminary investigation and submit the application with any relevant information to the OSBI within 14 days. The OSBI will conduct a state and federal criminal background search, a federal fingerprint search, and any other relevant checks before issuing or denying the CCL within 90 days of receipt of the application. Any denial may be appealed within 60 days.

Licensees’ application materials remain available to law enforcement personnel for law enforcement purposed only.

The qualifying firearm safety and training course may be taken from a firearms instructor who is approved and registered in the state, or from an interactive online firearms safety and training course available electronically via the Internet that is approved and certified by the Council on Law Enforcement Education and Training (“CLEET”). The applicant is also required to demonstrate competency and qualification. The course, and the demonstration of competency and qualification, has to be designed as one that an applicant may reasonably be able to complete in eight hours and cost no more than $60.00. Authorization for one or more type of pistol (derringer, revolver, or semiautomatic pistol) requires training and demonstration of competency under an approved firearms instructor. Any applicant who trains with a semiautomatic may also be approved, upon request, for revolver and derringer, but qualification with revolver or derringer requires separate qualification for semiautomatic firearms. The firearm instructor shall refuse to train or qualify any person whose handgun presented is deemed unsafe or not a gun authorized under the law.

It is prohibited to carry any concealed handgun larger than .45 caliber.

The license shall be valid in the state for a period of five or ten years unless subsequently surrendered, suspended or revoked as provided by law. The CCL may be renewed within 90 days of expiring by submitting a renewal application, two recent passport-sized photos, and $85.00 for a five-year license, or $170 for a ten-year license, payable to the OSBI. If license is missing, lost, stolen, or destroyed, the licensee shall notify the OSBI within 30 days and will not have authority to carry a concealed handgun until the CCL is replaced. There is a $15.00 replacement fee.

When carrying a concealed handgun, the licensee must also carry his or her CCL and a valid Oklahoma driver’s license or other identification.

A licensee must inform a police officer that the licensee is in actual possession of a concealed handgun when the licensee first comes into contact with any law enforcement officer during the course of any arrest, detention or routine traffic stop.

It is unlawful for any person having a CCL to carry a concealed handgun into any: government building; meeting of any elected or appointed government officials; prison or detention center; elementary, secondary, or vocational-technical school property; sports arena during a professional sporting event; any place where pari-mutuel wagering is authorized; college or university property and any other place specifically prohibited by law. Except for any elementary, secondary, or vocational-technical school property, these prohibitions do not apply to parking lots.

The State of Oklahoma recognizes any valid concealed carry weapons permit or license issued by another state.

Oklahoma statutes are silent on antique and replica firearms. They are treated as ordinary firearms for possession and carrying purposes.

Machine Guns

It is unlawful to possess, purchase, or sell a machine gun, except in compliance with all federal laws and regulations. It is unlawful to possess a sawed-off shotgun or rifle without a federal license.

Preemption

OKLA. STAT. ANN. tit. 21 1289.24 (2011)The State Legislature hereby occupies and preempts the entire field of legislation in this state touching in any way firearms, components, ammunition, and supplies to the complete exclusion of any order, ordinance, or regulation by any municipality or other political subdivision of this state

A. 1. The State Legislature hereby occupies and preempts the entire field of legislation in this state touching in any way firearms, components, ammunition, and supplies to the complete exclusion of any order, ordinance, or regulation by any municipality or other political subdivision of this state. Any existing or future orders, ordinances, or regulations in this field, except as provided for in paragraph 2 of this subsection and subsection C of this section, are null and void.

2. A municipality may adopt any ordinance:

a. relating to the discharge of firearms within the jurisdiction of the municipality, and

b. allowing the municipality to issue a traffic citation for transporting a firearm improperly as provided for in Section 1289.13A of this title, provided however, that penalties contained for violation of any ordinance enacted pursuant to the provisions of this subparagraph shall not exceed the penalties established in the Oklahoma Self-Defense Act. [FN1]

B. No municipality or other political subdivision of this state shall adopt any order, ordinance, or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, carrying, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes, or other controls on firearms, components, ammunition, and supplies.

C. Except as hereinafter provided, this section shall not prohibit any order, ordinance, or regulation by any municipality concerning the confiscation of property used in violation of the ordinances of the municipality as provided for in Section 28-121 of Title 11 of the Oklahoma Statutes. Provided, however, no municipal ordinance relating to transporting a firearm improperly may include a provision for confiscation of property.

D. When a person's rights pursuant to the protection of the preemption provisions of this section have been violated, the person shall have the right to bring a civil action against the persons, municipality, and political subdivision jointly and severally for injunctive relief or monetary damages or both.

OKLA. STAT. ANN. tit. 63 § 709.2 (2010)Notwithstanding any municipal ordinance or rule regulating noise to the contrary, a governmental official may not seek a civil or criminal penalty or injunction against a shooting range, or its owner or operators, on the basis of noise emanating from the range

A. Notwithstanding any municipal ordinance or rule regulating noise to the contrary, a governmental official may not seek a civil or criminal penalty or injunction against a shooting range, or its owner or operators, on the basis of noise emanating from the range, provided the noise at the property line of the shooting range does not exceed one hundred fifty (150) decibels.

B. No person shall bring any suit in law or equity or any other claim for relief against a shooting range, or its owners or operators, based upon noise emanating from the shooting range, provided the noise at the property line of the range does not exceed one hundred fifty (150) decibels.

C. Notwithstanding any law to the contrary, any ordinance or rule relating to noise adopted by any local unit of government, whether before, on, or after the effective date of this act, shall not be deemed to be enforceable against a shooting range, provided the noise at the property line of the range does not exceed one hundred fifty (150) decibels. The ordinance or rule shall not serve as the basis for any suit in law or equity, whether brought by a governmental official or person. In no event shall the provisions of this subsection affect the outcome of any suit brought prior to the effective date of this act in which a final order of judgment or relief has been entered.

Oklahoma law preempts the entire field of legislation relating to firearms, components, ammunition, and supplies. There are some exceptions to this preemption, including municipal law relating to discharge of firearms, confiscation of property used unlawfully, and certain penalty provisions. Municipalities may also issue traffic tickets for the improper transport of firearms.

Oklahoma law preempts lawsuits against gun manufacturers for damages arising from the lawful sale, marketing, design, or manufacture of any firearm, and finds that those activities are not unreasonably dangerous and do not constitute a nuisance.

Except for an act of self-defense, it is unlawful to point any firearm, whether loaded or not, at any other person.

Any person issued a CCL who knowingly or intentionally allows a felon or delinquent to possess or control any pistol shall be guilty of a felony.

It is unlawful to transport or discharge a shotgun, rifle, or pistol from a boat under sail, except for the purposes of hunting animals or fowl.

It is unlawful to willingly or maliciously disturb the peace and quiet by shooting or brandishing a firearm.

It is a felony to fire a firearm at or into a residence, or a public or commercial building.

No persons may shoot game while riding in or on any motor driven land, air, or water conveyance, except a non-ambulatory person may hunt from such with written permission of the Oklahoma Wildlife Conservation Director.

No person may hunt, pursue game or use firearms within 440 yards of a church, schoolhouse, or other public place where people may assemble, so as to disturb such assemblage.

No person may shoot at wildlife from or across a public road or highway, or railroad right of way.

It is unlawful to manufacture, sell, or possess, carry upon the person, use or attempt to use against another person any round or elongated missile with a core of less than 60% lead and having a fluorocarbon coating which is designed to travel at a high velocity and is capable of penetrating body armor.

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.